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90_HB3314
720 ILCS 5/12-9 from Ch. 38, par. 12-9
Amends the Criminal Code of 1961. Provides that the
offense of threatening a public official includes conveying
the threat by radio or computer.
LRB9010432RCks
LRB9010432RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-9.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-9 as follows:
7 (720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
8 Sec. 12-9. Threatening public officials.
9 (a) A person commits the offense of threatening a public
10 official when:
11 (1) that person knowingly and willfully delivers or
12 conveys, directly or indirectly, to a public official any
13 telephone communication, radio communication, computer
14 transmission, letter, paper, writing, print, missive, or
15 document containing a threat to take the life of or to
16 inflict great bodily harm upon the public official or a
17 member of his immediate family and
18 (2) the threat was conveyed because of the
19 performance or nonperformance of some public duty,
20 because of hostility of the person making the threat
21 toward the status or position of the public official, or
22 because of some other factor related to the official's
23 public existence.
24 (b) For purposes of this Section:
25 (1) "public official" means a person who is elected
26 to office in accordance with a statute or who is
27 appointed to an office which is established, and the
28 qualifications and duties of which are prescribed, by
29 statute, to discharge a public duty for the State or any
30 of its political subdivisions or in the case of an
31 elective office any person who has filed the required
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1 documents for nomination or election to such office;
2 (2) "Immediate family" means a public official's
3 spouse, child or children; .
4 (3) "Computer" has the meaning ascribed to it in
5 Section 16D-2 of this Code;
6 (4) "Computer transmission" includes a transmission
7 made through the Internet, computer network, or on-line
8 service;
9 (5) "Internet" means an interactive computer
10 service or system or an information service, system, or
11 access software provider that provides or enables
12 computer access by multiple users to a computer server,
13 and includes, but is not limited to, an information
14 service, system, or access software provider that
15 provides access to a network system commonly known as the
16 Internet, or any comparable system or service and also
17 includes, but is not limited to, a World Wide Web page,
18 newsgroup, message board, electronic mail, mailing list,
19 or chat area on any interactive computer service or
20 system or other on-line service.
21 (c) Threatening a public official is a Class 4 felony.
22 (Source: P.A. 87-238.)